Saleh Abdall Al Oshan v. George W. Bush

Saleh Abdall Al Oshan v. George W. Bush

Saleh Abdall Al Oshan v. George W. Bush(Civil Action No. 05-CV-0520)is a writ of habeas corpus filed on behalf of six Saudi Guantanamo captives:
Saleh Al-Oshan, Zaben Al Shammari, Abdullah Al Otaibi, Fahd Nasser Mohamed, Musa Al Wahab, and Abdul Rahman Shalabi.cite web
url=http://docs.justia.com/cases/federal/district-courts/district-of-columbia/dcdce/1:2008mc00442/131990/137/0.pdf
title=Guantanamo Bay Detainee Litigation: Doc 137 -- Status Report
publisher=United States Department of Justice
author=
date=2008-07-18
accessdate=2008-08-17
quote=
] cite web
url=http://www.pegc.us/archive/OK_v_Bush/govt_resp_to_GK_20060815.pdf
title=Respondents' response to Court's August 7, 2006 order
date=August 15 2006
publisher=United States Department of Defense
accessdate=2008-06-23
]

The petition was filed on March 14 2005.

The United States Department of Defense reported three captives died in custody on June 10, 2006. The Department of Defense asserted the men committed suicide, but has withheld the forensic evidence required to substantiate this claim.Following the men's deaths camp authorities seized all the captives' papers, including their habeas corpus documents. The published record states that camp authorities seized all six men's habeas documents.

Military Commissions Act

The Military Commissions Act of 2006 mandated that Guantanamo captives were no longer entitled to access the US civil justice system, so all outstanding habeas corpus petitions were stayed.cite news
url=http://natseclaw.typepad.com/natseclaw/files/Hamdan.28j.letter.pdf
title=NOTICE OF MILITARY COMMISSIONS ACT OF 2006
publisher=United States Department of Justice
author=Peter D. Keisler, Douglas N. Letter
date=2006-10-16
accessdate=2008-09-30
quote=
[http://www.webcitation.org/query?url=http%3A%2F%2Fnatseclaw.typepad.com%2Fnatseclaw%2Ffiles%2FHamdan.28j.letter.pdf&date=2008-09-30 mirror] ]

Boumediene v. Bush

On June 12 2008 the United States Supreme Court ruled, in Boumediene v. Bush, that the Military Commissions Act could not remove the right for Guantanamo captives to access the US Federal Court system. And all previous Guantanamo captives' habeas petitions were eligible to be re-instated.

On July 18, 2008 Julia Tarver Mason filed a motion to renew Abdul Rahman Shalabi's habeas corpus petition.The petition stated that the other five men were all repatriated to Saudi Arabia in 2005, 2006 or 2007.

References


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